COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

December 27, 2006

BOARD MEETING DATE:

January 9, 2007

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Execution of an Agreement between the San Francisquito Creek Joint Powers Authority and its Member Agencies Specifying Roles and Responsibilities in Conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility Cost Share Agreement

Recommendation

Acting as the Governing Board of the San Mateo County Flood Control District (SMCFCD), adopt a resolution authorizing the President of the Board to execute an agreement (Agreement) between the San Francisquito Creek Joint Powers Authority (JPA) and its member agencies, which specifies the roles and responsibilities of the JPA and its member agencies in conjunction with the Army Corps of Engineers’ San Francisquito Creek Feasibility and Cost Share Agreement (FCSA).

Vision Alignment

Commitment: Responsive, effective and collaborative government.

Goal 22: County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County.

Your Board authorizing execution of the Agreement ensures a collaborative approach in evaluating solutions to both creek and tidal flooding in the San Francisquito Creek watershed.

Background

Previous Board Action

1.

Acting as the Governing Board of the SMCFCD, executed a Joint Powers Agreement between the SMCFCD, the Santa Clara Valley Water District (SCVWD), and the cities of Palo Alto, Menlo Park, and East Palo Alto for the purpose of managing the joint contribution of services and providing policy direction on issues related to San Francisquito Creek.

2.

Designated:

a)

a member of your Board to serve as a Director of the JPA that was created by the Joint Powers Agreement; and

b)

a member of your Board to serve as an alternate to the Director who may cast a vote on Authority business in the absence of the Director.

3.

Acting as the Governing Board of the SMCFCD, executed a Funding Agreement between the JPA, the SMCFCD, and the SCVWD which provides that the SMCFCD and the SCVWD each provide $1,500,000 ($3,000,000 total) to help fund a flood damage reduction and ecosystem restoration project feasibility study of San Francisquito Creek and adjacent tidal areas (Study) by the Army Corps of Engineers (Corps).

4.

Authorized the Board’s representative to the JPA to approve the FCSA between the JPA and the Corps, which provides that the JPA will finance
one-half (1/2) of the eligible costs of the Study.

History

The JPA was formed to address issues regarding San Francisquito Creek (Creek) as the Creek forms the boundary between San Mateo and Santa Clara Counties, as well as a portion of the city limits of Palo Alto, East Palo Alto and Menlo Park. The Creek has a history of flooding within the three (3) cities with the most recent flooding occurring in 1998.

The JPA was also authorized on May 23, 2002, to represent its member agencies as the “Local Sponsor” for a Corps’ financed initial investigation (Reconnaissance Study) to determine if there was a “federal interest” in moving forward with a feasibility study. The Corps completed the Reconnaissance Study and concluded that there is a federal interest in developing a flood control project for the Creek. The Corps also indicated that a study of tidal flooding could be incorporated into the Study, which was subsequently supported by the representatives from the cities of East Palo Alto, Menlo Park and Palo Alto. The JPA and Corps subsequently executed the FCSA on November 17, 2005, which enabled the Corps to start work on the Study.

Discussion

The Agreement being recommended to your Board will define the roles and responsibilities of the JPA and its member agencies as they relate to funding sources to finance the additional cost of the Study with the inclusion of the tidal areas, mutual objectives, cooperation during implementation of the FCSA, management of the FCSA and the Study, approval of work products, local outreach, and additional funding/advance funding/in-kind contributions by the member agencies.

The “local match” of $3,000,000 to fund the Study is being provided by the SMCFCD and the SCVWD pursuant to the previously executed funding agreement. However, there was a shortfall of funding once the study of the tidal flooding was incorporated into the cost estimate. The Cities of East Palo Alto and Menlo Park approved funding to cover the additional costs of studying tidal flooding within their jurisdictions, and the SCVWD agreed to fund the costs of the tidal flooding study in the City of Palo Alto. The Agreement memorializes the commitments of these cities and the SCVWD to provide this additional funding.

Addendums to the Agreement executed by all parties are required if additional funding, funding advanced by any of the parties for the purpose of conducting the Study at a faster pace than the annual federal authorization allows, or credit for
in-kind services to be provided if requested by a party to the agreement. The Agreement also specifies the required elements of an addendum and the approval process required for an addendum.

A resolution and the proposed Agreement have been approved as to form by County Counsel. The other member agencies are concurrently considering the Agreement and the JPA will consider the Agreement for execution after it has been executed by all the member agencies.

Fiscal Impact

Funding for the Feasibility Study is as follows:

Total Study Cost

$7,463,100

Local Match Needed (50%)

$3,731,550

Local Funding Sources

SMCFCD (previously approved by your Board)

$1,500,000

SCVWD (previously approved)

$1,500,000

JPA In-kind contribution (Agreed to by the Corps)

$592,800

Funding for inclusion of study of tidal area (Funded by City of East Palo Alto, City of Menlo Park, and SCVWD [for areas in the City of Palo Alto])

$ 138,750

Total Project Funding

$3,731,550

There is no impact to the General Fund.